Beach Haven City Zoning Code
§ 212-9 Use regulations
RA Single-Family Residential District.
The following regulations shall apply to all RA Districts:
A.
Principal uses and buildings permitted.
(1)
Dwelling, single-family.
(2)
Churches and other places of worship, Sunday school buildings and parish houses.
(3)
Public and parochial schools, provided that the uses and facilities meet the recommended or required standards of the Commissioner of Education of the State of New Jersey.
(4)
Public museums and public libraries, provided that they are not operated for pecuniary profit.
(6)
Customary home occupations conducted only by members of the family residing in a dwelling unit plus not more than one person not a resident of the dwelling unit, and conducted entirely within the dwelling or accessory building, provided that no article is sold or offered for sale except as may be produced by members of the immediate family residing in the dwelling and others as herein provided, that not more than 20% of the ground area shall be devoted to such use, and provided that no machinery or equipment is used which shall cause electrical or other interference with radio and television reception in adjacent residences or is productive of excessive noise, dust, smoke, dirt or light.
(7)
Professional occupations, including but not limited to the following: physician, surgeon, dentist, minister, architect, engineer, attorney, accountant, realtor or builder, provided further that the use shall be conducted within the principal building, that not more than one person not a resident of such building or dwelling is employed in such office and that the total area devoted to such use shall not exceed 20% of the ground floor area. In addition, sufficient off-street parking shall be provided to meet the present and anticipated needs of the use, subject to the further provisions of this chapter.
(8)
Public playgrounds, conservation areas and parks.
B.
Accessory uses and buildings permitted.
[Amended 2-6-2013 by Ord. No. 2013-1C; 10-14-2014 by Ord. No. 2014-19C]
(1)
Private garages, provided that no more than one commercial vehicle not exceeding one-ton capacity may be parked or stored inside or on the premises. No accessory building in any zone shall exceed one story and a maximum 18 feet in height above the established street grade. Attic space within the garage shall only be utilized for storage.
[Amended 10-15-2019 by Ord. No. 2019-29C]
(2)
Private residential tool sheds not to exceed 145 square feet in floor area and 10 feet in height, provided that the same are constructed of wood only.
(3)
Any detached accessory structure/building shall conform to all front, rear and side yard accessory setback requirements and lot coverage requirements unless otherwise provided in this chapter. Such accessory structures, including pergolas, outdoor kitchens, fire pits, and freestanding fireplaces, shall meet the five-foot minimum setback and shall be included in lot coverage calculations only.
[Amended 10-15-2019 by Ord. No. 2019-29C; 9-14-2020 by Ord. No. 2020-15C]
(4)
Fixed-location generators, equipment associated with heating, ventilation, air conditioning and the like shall comply with the following setback requirements:
[Amended 10-15-2019 by Ord. No. 2019-29C]
(a)
The maximum required setback from the principal structure shall be one foot.
(b)
The platform for the fixed-location generators, equipment associated with heating, ventilation, and air conditioning shall not exceed 32 square feet and shall be exempt from building coverage but shall be included in impervious coverage and shall be located in rear and side yards only meeting the five-foot minimum setback.
C.
Prohibited uses and buildings.
(2)
Garage apartments are specifically prohibited in this district.
(3)
Heliports, helistops and landing facilities for aircraft of all kinds are prohibited.
[Added 6-28-1982 by Ord. No. 82-6]
(4)
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 7-29-2021 by Ord. No. 2021-27C]
D.
Height limits.
[Amended 1-23-1984 by Ord. No. 84-2; 6-26-1989 by Ord. No. 89-15; 9-13-2004 by Ord. No. 2004-18; 2-6-2013 by Ord. No. 2013-1C]
(1)
No building of structure shall exceed 35 feet nor three stories in height. The measurement shall be taken from the center-line grade of the nearest improved street or easement on which the building or structure is located. In the case of property fronting on two or more lawful streets, the elevation of the existing center-line street grade to the lowest street shall govern. To determine the height on the vertical plane of the building being measured, a straight, level line perpendicular to the edge of the easement or improved street and running directly from the center-line grade of the said easement or improved street to the vertical face of the building at its closest point to the center-line grade of the improved street or easement shall be marked, from which a vertical line shall be taken upwards to the point of the intersection of the plane of the highest point of the building.[2]
[2]
Editor's Note: Former Subsections D(2) and (3), which immediately followed this subsection, and which dealt with height modifications, were repealed 5-3-1996 by Ord. No. 96-9.
E.
Every lot in the RA District shall meet the following area and yard requirements:
(1)
Minimum width of 50 feet.
(2)
Minimum area of 5,000 square feet.
(3)
Front yard of not less than 15 feet.
(4)
Rear yard of not less than eight feet.
(5)
Two side yards, one not less than five feet, with a combined side yard total of 16 feet.
[Amended 4-8-2002 by Ord. No. 2002-4]
(6)
Accessory buildings must have a setback of not less than five feet from the lot line.
[Amended 9-22-1997 by Ord. No. 97-16]
(7)
Minimum lot frontage of 50 feet.
[Added 10-15-1984 by Ord. No. 84-24]
F.
Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than 35% of the lot.
G.
Minimum floor area of residential buildings. Every new single-family building shall have a minimum first-floor area of 816 square feet, exclusive of porches.